Minister of Justice will ask that AGU keep Concierge suspension on indigenous lands

Minister of Justice will ask that AGU keep Concierge suspension on indigenous lands

9/1/2012-11:11

Alex Rodrigues Brazil Agency Reporter

Brasilia-the Minister of Justice, José Eduardo Cardozo, promised the indigenous leaders will ask the Attorney-General of the Union (AGU) to keep suspended the Ordinance No. 303 until the Supreme Court (STF) judge the requests for clarification – the so-called arms embargoes Declaration – the compliance with the conditions laid down by the Court in 19 2009, to approve the maintenance of continuous land demarcation Raposa Serra do Solin Roraima.

The information was released by the Federal Public Ministry (MPF), in a note on the outcome of Friday’s meeting (31), in the Auditorium of the Ministry of Justice, in Brasilia. In addition to the Minister and indigenous leaders of Mato Grosso and Rondônia, participated in the meeting the Deputy Attorney-General of the Republic, Deborah Duprat, the Attorney of the Republic Marcia Zollinger and representatives of AGU Brandão, the National Indian Foundation (Funai) and MPF.

The press had no access to the meeting, and the Minister José Eduardo Cardozo did not speak to journalists after the meeting. Sought the advice of the Ministry of Justice said he had no details about the conversation. The Prosecutor, however, reported that it was approved the creation of a working group with representatives of the Indians, of the Ministry of Justice, AGU and Funai, to study ways to demarcate indigenous lands without generating so many conflicts. According to the MPF, Cardozo should send soon to AGU document with the proposals.

The Brazil Agency found that, during the meeting, the representatives of indigenous peoples not only criticized the AGU, but also promised to step up protests in recent weeks, has taken place in several parts of the country, with blocking roads and invasion of public buildings, if the Ordinance is not fully repealed.

“We have to be consulted on any measure that may affect our lands and our lives. And this Ordinance virtually enacts our death. So why not consulted indigenous peoples before? Now no longer need to consult. If you need to catch up of the Federal Police, the National security force, military police, truckers, we’ll catch up. There will be war, but will be an unequal war, “fumed the Indian Genilson Seemed, Mato Grosso.

Genilson ranked “cowards” the Government and Brazilian society for allowing the publication of a gatehouse and other initiatives that, according to him, affect indigenous peoples and contradict the legislation. “I did not know that the AGU had authority to make laws, but this Ordinance establishes policies and guidelines on the right of the Indians to the Earth. I’m seeing that, today, the AGU has more authority than the National Congress. Will this situation is correct? “he asked.

Later, to attend the inauguration of the new President of the Superior Court of Justice (STJ), Felix Fischer, the Minister of Justice said only that the negotiation with indigenous leaders have advanced. Cardozo awaits the outcome of the impasse on “short term”. For the Minister, has not yet solution, has already started a process of understanding. The Attorney-General of the Union, Luís Inácio Adams, has admitted the possibility of postponing again the entry from the Ordinance in force.

Published on 17 July, with the purpose to adjust the action of the public the decision of SUPREME COURT lawyers in the trial of the Raposa Serra do Sol, Ordinance No. 303 is not yet in force. With the controversy raised by the standard, the AGU decided to meet a request from Funai and suspended until Aug. 24 the entry into force of the Ordinance, which extends to all demarcatórios processes of indigenous lands the 19 conditions that prohibit, among other things, the expansion of indigenous areas already demarcated.

The AGU justifies the initiative on the grounds that the conditions laid down by the Supreme Court represent a milestone in constitutional matters and administration of demarcation of indigenous areas and that “all the procedures that are in violation of those conditions are to comply to the law”. However, experts, indigenous leaders, indigenous organizations and environmentalists consider the provision unconstitutional and the result of a mistaken interpretation of Supreme decision that, for them, applies specifically and exclusively to the Raposa Serra do Sol.

According to sources heard by the Brazilian Agencyl, the President of STF, Minister Ayres Britto, said, at a meeting on Thursday (30), that the constraints do not apply mandatorily to other processes demarcatórios and that the interpretation of AGU is a misconception.